Peadar Tóibín (Meath West, Sinn Fein) | Oireachtas source

Amendment No. 40 deals with an issue we discussed on Committee Stage. The purpose of the amendment is to break the bondage element of the permit where a worker is tied to an employer. The Minister has stated that the purpose of the permit is to bring a foreign national into Ireland to fill an identified gap in a sector. It is not intended to benefit a particular employer directly. If a worker on a two-year permit is not in a position to change employer, this will create an uneven relationship between the two parties and allows for exploitation. Nasc has stated that the 2006 Act allowed for the provision of permits for sectors but that it should have been implemented in a way that would have allowed the permit holder to work in a particular sector. Based on its experience, Nasc identified a risk of workplace exploitation where there are limits to employee mobility. These are the people at the front line. This is not a theoretical issue. Nasc works with some of the most vulnerable people in the State on a daily basis and it is aware of exploitation in this regard. This imbalance exists. The Minister indicated that a person may be able to apply to change employment after a period of 12 months but, at the end of the day, the logic of placing a foreign national in a sector and allowing him or her to provide the skills required in that sector means that all we need to do is allow these individuals to engage with their employers in the same manner as anybody else in the State. There would be a fair and equal relationship between the two parties, thereby negating the opportunity for exploitation.

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